My Last Will and Testament

After watching an intriguing episode of ‘how I met your mother,’ where Marshal and Lily decided to write “future notes” to each other which will contain any important information which they needed to pass to the living spouse after their demise, it got me thinking about writing my own will, especially because of my property.

In the African context, writing a will is still somewhat frowned at. This is because we are naturally religious and it seems a bad omen planning ahead for your own death! In this light, it does seem terrifying but if we need to be realistic about life, we in fact need to plan for when we are no longer here. Preparing ahead for your family, kids, friends and partners, to the best of your abilities will enable you rest easy in your grave, so to say, after you “kick the bucket.”

Relating this to real life, an Uncle of mine died suddenly last year in his home in Ogun state. He left behind his middle aged wife, three children and a few grandchildren. After all the grief and tears, his wife later realized that though she had lived with this man for close to forty years, she had no information about his estate (he did have one because they resided in his personal house). More so, she had no access to his bank accounts, neither knew his PIN code (Personal Identification Number) nor who was to inherit what. This made her loss gloomier. Of course her in-laws came and started brewing trouble because nothing was clearly stated and they wanted their “share” of the late man’s supposed wealth.

To prevent scenarios like this, below I have written a few tips to write a will. Ideally, an experienced attorney should write your will especially if you have a complicated estate (five wives and eighteen children!) but if you want to write one, here’s how:

1. Identify yourself by name and address: This is important because there could be other people bearing your name but including your address will distinct you from others.
2. State your present mental condition as at the time of writing the will: Writing this down will make it difficult for anyone to say you were off your rockers when you wrote the will.
3. Revoke or cancel all other wills you might have written before: After all, this is your LAST will.  It’s best to state it for clarity of any doubt.
4. Appoint an executor: An executor is someone who carries out your instructions over your estate after you are dead. Choose wisely. Should be an adult, 18 years and above.
5. Also, name an alternative executor: With a clause like, “should Damola not be able or capable of carrying out my instructions, I thereby name Margaret as the alternative executor,” lets everyone know that if Damola dies or loses his mind, Margaret executes the estate.
6. Instruct executor to pay off debts: You really don’t want your heirs paying off debts from what they’ve inherited.
7. State division of assets: All assets should add up to 100% e.g. 80% of my estate goes to “make a wish foundation” and the other 20% goes to my mother, Elizabeth. Also include who personal items like your car and favourite sofa go to.
8. Make provision for demise of beneficiary: Remember, this is a will, you aren’t dead yet. If you outlive a beneficiary in your will, clearly state what happens to his portion of the estate.
9. Sign correctly in blue ink: In blue ink because it differentiates the original from the photocopy. Signing should be done in the presence of three witnesses and a notary public. The witnesses must not be related to you or beneficiaries of the estate.
10. After your will is signed, do not write on it. Make any future changes by way of a "codicil," a separate document which explicitly refers to the original will. Tell only your executor where you keep it and you may perhaps want to give him a copy.

There you have it; doesn’t this make you sleep better at night? Have you written your will yet?

Egedi Oluwatoyin